Not all couples are able to sit down together in a spirit of harmony to accomplish their estate planning. Sometimes spouse’s are forced to plan separately. This is not unusual, and proactive spouses who take the lead by doing their own planning place themselves in an advantageous position in relation to their passive or obstinate non-participative spouses. There is good news here, despite whatever situation may have spawned the separate planning situation – the proactive spouse’s planning is a good thing all around, inclusive of the legal education he or she will receive in the process. Optimistically speaking, the non-planning spouse may eventually join the process and come forward to do his or her own planning, or the underlying situation may otherwise be resolved due to the proactive spouse’s efforts. There is arguably no downside here.
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